VIJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction dated 1.2.2007 and order of sentence dated 2.2.2007 passed by Additional Sessions Judge of Court No. -13/ FTC No. 4, Mathura in ST No. 182 of 2005, State vs. Vijendra, case crime no. 109 of 2004, section 302 IPC, and ST No. 183 of 2005, State Vs. Vijendra, case crime no. 110/2004, section 25 of Arms Act, and ST No. 375 of 2005, State Vs. Subhash, case crime no. 109 of 2004, section 302 IPC, and ST No. 426 of 2005, State Vs. Subhash, case crime no. 71 of 2005 under section 25 of Arms Act relating to police station Math, district Mathura.

(2.) ALL the four sessions trial related to same incident. Therefore, joint trial was carried in the Sessions Court in which leading case was ST NO.182 of 2005.

(3.) PROSECUTION case is that complainant witnesses and accused are relatives. Kare Singh, Shiv Ram Singh, Babu Singh were sons of Phool Chand. Kare Singh has three sons namely Dhanpal, Resham Singh (Complainant), and Bhagwan Singh (deceased). Ram Prakash (PW -2) is son of Dhanpal. Km. Poonam is daughter of deceased Bhagwan Singh. Babu Singh son of Phool Chand had three sons namely Vijendra (accused), Veer Pal and Jagdish. Subhash (co -accused) is son of Vijendra. This relation is admitted in this case by appellant and respondents' side.